Title 49—Transportation--Volume 1
PART 541—FEDERAL MOTOR VEHICLE THEFT PREVENTION STANDARD
§ 541.1   Scope.
This standard specifies performance requirements for identifying numbers or symbols to be placed on major parts of certain passenger motor vehicles.
§ 541.2   Purpose.
The purpose of this standard is to reduce the incidence of motor vehicle thefts by facilitating the tracing and recovery of parts from stolen vehicles.
§ 541.3   Application.
(a) Except as provided in paragraph (b) and (c) of this section, this standard applies to the following:
(1) Passenger motor vehicle parts identified in § 541.5(a) that are present in:
(i) Passenger cars; and
(ii) Multipurpose passenger vehicles with a gross vehicle weight rating of 6,000 pounds or less; and
(iii) Light-duty trucks with a gross vehicle weight rating of 6,000 pounds or less, that NHTSA has determined to be high theft in accordance with 49 CFR 542.1; and
(iv) Light duty trucks with a gross vehicle weight rating of 6,000 pounds or less, that NHTSA has determined to be subject to the requirements of this section in accordance with 49 CFR 542.2.
(2) Replacement passenger motor vehicle parts identified in § 541.5(a) for vehicles listed in paragraphs (1)(i) to (iv) of this section.
(b) Exclusions. This standard does not apply to the following:
(1) Passenger motor vehicle parts identified in § 541.5(a) that are present in vehicles manufactured by a motor vehicle manufacturer that manufactures fewer than 5,000 vehicles for sale in the United States each year.
(2) Passenger motor vehicle parts identified in § 541.5(a) that are present in a line with an annual production of not more than 3,500 vehicles.
(3) Passenger motor vehicle parts identified in § 541.5(a) that are present in light-duty trucks with a gross vehicle weight rating of 6,000 pounds or less, that NHTSA has determined to be subject to the requirements of this section in accordance with 49 CFR 542.2, if the vehicle line with which these light-duty trucks share majority of major interchangeable parts is exempt from parts marking requirements pursuant to part 543.
(c) For vehicles listed in subparagraphs (1)(i) to (iv) of this section that are (1) not subject to the requirements of this standard until September 1, 2006, and (2) manufactured between September 1, 2006 and August 31, 2007; a manufacturer needs to meet the requirements of this part only for lines representing at least 50% of a manufacturer's total production of these vehicles.
§ 541.4   Definitions.
(a) Statutory terms. All terms defined in 49 U.S.C. chapter 331 are used in accordance with their statutory meanings unless otherwise defined in paragraph (b) of this section.
(b) Other definitions. (1) Interior surface means, with respect to a vehicle part, a surface that is not directly exposed to sun and precipitation.
(2) Light-duty truck (LDT) means a motor vehicle, with motive power, except a trailer, designed primarily for the transportation of property or special purpose equipment, that is rated at 6,000 pounds gross vehicle weight or less.
(3) Line means a name which a manufacturer applies to a group of motor vehicles of the same make which have the same body or chassis, or otherwise are similar in construction or design. A “line” may, for example, include 2-door, 4-door, station wagon, and hatchback vehicles of the same make.
(4) 1990/91 median theft rate means 3.5826 thefts per thousand vehicles produced.
(5) Multipurpose passenger vehicle (MPV) means a passenger motor vehicle which is constructed either on a truck chassis or with special features for occasional off-road operation and which is rated at 6,000 pounds gross vehicle weight or less.
(6) Passenger car is used as defined in § 571.3 of this chapter.
(7) VIN means the vehicle identification number required by part 565 of this chapter.
§ 541.5   Requirements for passenger motor vehicles.
(a) Each passenger motor vehicle subject to this standard must have an identifying number affixed or inscribed on each of the parts specified in paragraphs (a)(1) through (a)(18) inclusive, if the part is present on the passenger motor vehicle. In the case of passenger motor vehicles not originally manufactured to comply with applicable U.S. vehicle safety and bumper standards, each such motor vehicle subject to this standard must have an identifying number inscribed in a manner which conforms to paragraph (d)(2) of this section, on each of the parts specified in paragraphs (a)(1) through (a)(18), inclusive, if the part is present on the motor vehicle.
(b)(1) Except as provided in paragraphs (b)(2) and (b)(3) of this section, the number required to be inscribed or affixed by paragraph (a) shall be the VIN of the passenger motor vehicle.
(2) In place of the VIN, manufacturers who were marking engines and/or transmissions with a VIN derivative consisting of at least the last eight characters of the VIN on October 24, 1984, may continue to mark engines and/or transmissions with such VIN derivative.
(3) In the case of passenger motor vehicles not originally manufactured to comply with U.S. vehicle safety and bumper standards, the number required to be inscribed by paragraph (a) of this section shall be the original vehicle identification number assigned to the motor vehicle by its original manufacturer in the country where the motor vehicle was originally produced or assembled.
(c) The characteristics of the number required to be affixed or inscribed by paragraph (a) of this section shall satisfy the size and style requirements set forth for vehicle certification labels in § 567.4(g) of this chapter.
(d) The number required by paragraph (a) of this section must be affixed by means that comply with paragraph (d)(1) of this section or inscribed by means that comply with paragraph (d)(2) of this section.
(1) Labels. (i) The number must be printed indelibly on a label, and the label must be permanently affixed to the passenger motor vehicle's part.
(ii) The number must be placed on each part specified in paragraph (a) of this section in a location such that the number is, if practicable, on an interior surface of the part as installed on the vehicle and in a location where it:
(A) Will not be damaged by the use of any tools necessary to install, adjust, or remove the part and any adjoining parts, or any portions thereof;
(B) Is on a portion of the part not likely to be damaged in a collision; and
(C) Will not be damaged or obscured during normal dealer preparation operations (including rustproofing and undercoating).
(iii) The number must be placed on each part specified in paragraph (a) of this section in a location that is visible without further disassembly once the part has been removed from the vehicle.
(iv) The number must be placed entirely within the target area specified by the original manufacturer for that part, pursuant to paragraph (e) of this section, on each part specified in paragraph (a) of this section.
(v) Removal of the label must—
(A) Cause the label to self-destruct by tearing or rendering the number on the label illegible, and
(B) Discernibly alter the appearance of that area of the part where the label was affixed by leaving residual parts of the label or adhesive in that area, so that investigators will have evidence that a label was originally present.
(vi) Alteration of the number on the label must leave traces of the original number or otherwise visibly alter the appearance of the label material.
(vii) The label and the number shall be resistant to counterfeiting.
(viii) The logo or some other unique identifier of the vehicle manufacturer must be placed in the material of the label in a manner such that alteration or removal of the logo visibly alters the appearance of the label.
(2) Other means of identification. (i) Removal or alteration of any portion of the number must visibly alter the appearance of the section of the vehicle part on which the identification is marked.
(ii) The number must be placed on each part specified in paragraph (a) of this section in a location that is visible without further disassembly once the part has been removed from the vehicle.
(iii) The number must be placed entirely within the target area specified by the original manufacturer for that part, pursuant to paragraph (e) of this section, on each part specified in paragraph (a) of this section.
(e) Target areas. (1) Each manufacturer that is the original producer who installs or assembles the covered major parts on a line shall designate a target area for the identifying numbers to be marked on each part specified in paragraph (a) of this section for each of its lines subject to this standard. The target area shall not exceed 50 percent of the surface area on the surface of the part on which the target area is located.
(2) Each manufacturer subject to paragraph (e)(1) of this section shall, not later than 30 days before the line is introduced into commerce, inform NHTSA in writing of the target areas designated for each line subject to this standard. In those instances where a manufacturer has submitted this target area information to NHTSA with a request for confidential treatment pursuant to 49 CFR part 512, the manufacturer must also submit a complete copy of the target area information within seven (7) days after the information becomes public, or the new line is released for sale to the public, whichever comes first. The information must be submitted to: Docket Management, Room W12-140, West Building, Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC 20590 by any of the following methods. In all cases, the docket number for the submission, (Docket No. NHTSA-2009-0069) must be cited.
(i) Electronic submission to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting information.
(ii) By U.S. Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building, Ground Floor, Room W12-140, Washington, D.C. 20590.
(iii) Hand delivery or by courier: 1200 New Jersey Avenue, SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Telephone: 1-800-647-5527.
(iv) By Fax transmission: (202) 493-2251.
(3) The target areas designated by the original vehicle manufacturer for a part on a line shall be maintained for the duration of the production of such line, unless a restyling of the part makes it no longer practicable to mark the part within the original target area. If there is such a restyling, the original vehicle manufacturer shall inform NHTSA of that fact and the new target area, in accordance with the requirements of paragraph (e)(2) of this section.
§ 541.6   Requirements for replacement parts.
(a) Each replacement part for a part specified in § 541.5(a) must have the registered trademark of the manufacturer of the replacement part, or some other unique identifier if the manufacturer does not have a registered trademark, and the letter “R” affixed or inscribed on such replacement part by means that comply with § 541.5(d), except as provided in paragraph (d) of this section. In the case of replacement parts subject to the marking requirements of this section, which were not originally manufactured for sale in the United States, the importer of the part shall inscribe its registered trademark, or some other unique identifier if the importer does not have a registered trademark, and the letter “R” on the part by means that comply with § 541.5(d)(2), except as provided in paragraph (d) of this section.
(b) A replacement part subject to paragraph (a) of this section shall not be marked pursuant to § 541.5.
(c) The trademark and the letter “R” required by paragraph (a) of this section must be at least one centimeter high.
(d) The trademark and the letter “R” required by paragraph (a) of this section must be placed entirely within the target area specified by the vehicle manufacturer, pursuant to paragraph (e) of this section.
(e) Target areas. (1) Each manufacturer that is the original producer or assembler of the vehicle for which the replacement part is designed shall designate a target area for the identifying symbols to be marked on each replacement part subject to the requirements of paragraph (a) of this section. Such target areas shall not exceed 25 percent of the surface area of the surface on which the replacement part marking will appear.
(2) The boundaries of the target area designated under paragraph (e)(1) of this section shall be at least 10 centimeters at all points from the nearest boundaries of the target area designated for that part under § 541.5(e) of this part.
(3) Each manufacturer subject to paragraph (e)(1) of this section shall inform NHTSA in writing of the target areas designated for each replacement part subject to paragraph (a) of this section, at the same time as it informs the agency of the target area designated for the original equipment parts of the line, pursuant to § 541.5(e)(2) of this part. In those instances where a manufacturer has submitted this target area information to NHTSA with a request for confidential treatment under 49 CFR part 512, the manufacturer shall also submit a complete copy of the target area information within seven (7) days after the information has become public or the new line has been released for sale to the public, whichever comes first. The information should be submitted to: Docket Management, Room W12-140, Ground Floor, 1200 New Jersey Avenue, SE., Washington, DC 20590 by any of the following methods. In all cases, the docket number for the submission, (Docket No. NHTSA-2009-0069) must be cited.
(i) Electronic submission to the Federal eRulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting information.
(ii) By U.S. Mail: Docket Management Facility: U.S. Department of Transportation, 1200 New Jersey Avenue, SE., West Building, Ground Floor, Room W12-140, Washington, DC 20590.
(iii) Hand delivery or by courier: 1200 New Jersey Avenue, S.E., West Building, Ground Floor, Room W12-140, Washington, DC 20590, between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Telephone: 1-800-647-5527.
(iv) By Fax transmission: (202) 493-2251.
(4) The target area designated by the original vehicle manufacturer for the parts subject to the requirements of paragraph (a) of this section shall be maintained for the duration of the production of such replacement part, unless a restyling of the part makes it no longer practicable to mark the part within the original target area. If there is such a restyling, the original vehicle manufacturer shall inform NHTSA of that fact and the new target area, in accordance with the requirements of paragraph (e)(3) of this section.
(f) Each replacement part must bear the symbol “DOT” in letters at least one centimeter high within 5 centimeters of the trademark and of the letter “R”, and entirely within the target area specified under paragraph (d) of this section. The symbol “DOT” constitutes the manufacturer's certification that the replacement part conforms to the applicable theft prevention standard, and shall be inscribed or affixed by means that comply with paragraph (a) of this section. In the case of replacement parts subject to the requirements of paragraph (a) of this section, which were not originally manufactured for sale in the United States, the importer shall inscribe the “DOT” symbol before the part is imported into the United States.